Family Law in Missouri

Monday, August 12, 2013

Potential clients often contact me telling me that they
want to fight for sole custody or joint custody of their children.Often, after I explain to them how Missouri
defines child custody, they either change their goals or realize that the
label, in some cases, is not nearly as important as the details.

So how does the state of Missouri
look at custody? First, there are two components in Missouri to child
custody:legal custody and physical
custody.

In the
last article we discussed Legal Custody, now I will give a brief overview of
Physical Custody.

Physical
custody deals with where the child actually “resides” and what specific days
and times the children are with each parent. Joint physical custody may mean
that the parents have equal parenting time but that is not always the case.A parent that has sole physical custody is
very unlikely to have the child 100% of the time to the exclusion of the other
parent.

Because
Missouri favors joint custody, the most common arrangement is joint physical
custody, with one parent being designated the “residential parent”.The children likely attend school in the
district the residential parent resides in, and often the residential parent
receives child support from the other parent.The children may spend up to 50% of the time with the non-residential
parent.

A sole
physical custody situation is one where a court may determine that it is in the
child’s best interests that one parent’s time with the child be
restricted.This may be due to abuse,
drug or alcohol use or an unsuitable living situation.It is also possible that that parent’s
custody time may be supervised as well, either by court staff or someone
designated by the parties or the court.In a situation where one parent has gone for a long time without seeing
the children, that parent’s time may be also be temporarily restricted as that
parent and child get reacquainted with each other.

Tuesday, May 28, 2013

Potential clients often contact me telling me that they
want to fight for sole custody or joint custody of their children.Often, after I explain to them how Missouri
defines child custody, they either change their goals or realize that the
label, in some cases, is not nearly as important as the details.

So how does the state of Missouri
look at custody? First, there are two components in Missouri to child
custody:legal custody and physical
custody.

Legal
custody has to do with decision making as to important aspects of the child’s
life- education, medical, religious upbringing and in some cases, sports and
activities.

If the
parents have joint legal custody, they will each have an equal say in all of
the decision making, and they need to discuss and agree upon any educational,
medical or religious decisions.Judges
and legislature of Missouri prefer that parents share joint custody if possible
because it is believed that a parent that has an equal say in his or her
child’s life will be more likely to stay involved as a parent than one that
feels “shut out”.

There
are situations, however, where decisions cannot be made together. If there was
domestic violence during the marriage or relationship there may be a court
order preventing communication, or the parents may just have so much animosity
toward each other that they just cannot communicate.In some cases a court may determine that one
parent fails to exercise good judgment, or that a parent has unilaterally made
the decisions without letting the other weigh in.In both of these situations the other parent
may be granted sole legal custody.

If a
parent has sole legal custody, he or she is (unless prevented by court order)
still supposed to discuss any potential decisions with the other parent.However the parent with sole legal custody
may make the ultimate decision if there is disagreement.

In a
sole legal custody situation, both parents are still allowed equal access to
all school and medical records.Both
parents may speak with teachers and medical professionals and show up at doctor
appointments, parent teacher conferences and activities. Any exclusion in these
situations would need to be addressed specifically in the parenting plan.

Thursday, May 2, 2013

The unstable and unpredictable job market in Missouri often
makes it necessary for a person to move to another state to pursue
employment.This can be particularly
troubling if that person is a divorced parent.

Missouri (as well as most other states) has somewhat
restrictive requirements when it comes to relocating your residence if you and
your former spouse share custody of children.First there is a notice requirement, in which you need to inform the
other parent of your proposed move, in writing, at least 60 days prior to the
move.Some very specific information is
required in this notice.

After the notice is sent, the other parent may consent to
the move, which can then proceed, often with some changes in visitation
schedules or transportation of the children.

But what happens if your former spouse objects to the move?
Then it is up to the court to decide whether the proposed relocation will be in
your children’s best interests.

Judges have told me that they dread these types of cases
because they often have to choose between two good parents and one will clearly
come out the loser in the end.

In addition to moving for employment, parents often need to
relocate to remarry, or to be closer to family, or even to be in a better
school district for the children.In
this mobile society, relocation is common but by no means easy if you have
children in common with someone.

If you find yourself in a relocation situation, on either
side, you need to have experienced representation as early in the process as
possible.Call Barbara Graham at
314-725-7600 or email at barb@BLG-Law.com

Monday, April 15, 2013

My ex-girlfriend and I split up before
our daughter was born. Now she won’t let me see my daughter and she says I have
no rights because I am not on the birth certificate.But she is coming after me for support.What are my rights?

Without your name on the birth certificate you
don’t have a lot of rights. The proceeding through the state for child support
will not give you visitation rights with your child. A family law attorney can
file a Petition with the court to get a declaration that you are the child’s
father and to establish your visitation rights with your child. If you have other questions about Family Law in Missouri, or need representation on a family law matter, please contact Barbara Graham at The Law Office of Barbara Graham at 314-725-7600 or barb@blg-law.com

Tuesday, March 26, 2013

·

At what age can children decide which
parent they want to live with? There is no magic age. Once
children are close to teen years their opinion may be considered but the court
will consider many other factors. Your attorney should not speak with your
children about this but can go to court and get a Guardian ad Litem (an
attorney for the children) appointed for them, who will be able to meet with
the children and find out their preferences.

Monday, March 18, 2013

·Do I need to get divorced in the state
(or country) in which I was married? No. You actually would file
a divorce in the state in which you (or your spouse) are residing at the time
of filing. In Missouri you (or your spouse) need to reside in the state for 90
days prior to filing. Find a family law attorney in the state (and county) in
which you reside to initiate the process for you.

·After I file a divorce how long until I
can be divorced? The State of Missouri requires that 30 days
must pass after the filing of the Petition for Dissolution of Marriage before a
judge can sign the Judgment and grant the divorce.In most courts in Missouri if you have an
attorney your divorce can be finalized without you having to appear in court,
as your attorney can file everything and then get the judge’s signature on
everything for you.